Vermont Statutes Annotated

Vt. Stat. Ann. tit. 13, § 2827 (2026)

✓ current as of May 2026

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(Cite as: 13 V.S.A. § 2827)

§ 2827. Possession of child sexual abuse material

(a) No person shall, with knowledge of the character and content, possess or knowingly access with intent to view any photograph, film, or visual depiction, including any depiction that is stored electronically, of sexual conduct by, with, or on a child or of a clearly lewd exhibition of a child’s genitals or anus.

(b) This section shall not apply:

(1) if the depiction was possessed for a bona fide medical, psychological, social work, legislative, judicial, or law enforcement purpose, by a physician, psychologist, social worker, legislator, judge, prosecutor, law enforcement officer, or other person having such a bona fide interest in the subject matter;

(2) if the person was a bona fide school, museum, or public library, or was a person acting in the course of employment as an employee or official of such an organization or of a retail outlet affiliated with and serving the educational or intended purpose of that school, museum, or library; or

(3) to paintings, drawings, or nonvisual or written descriptions of sexual conduct.

(c) In any prosecution arising under this section, the defendant may raise any of the following affirmative defenses, which shall be proven by a preponderance of the evidence:

(1) that the defendant in good faith had a reasonable basis to conclude that the child in fact had attained 16 years of age when the depiction was made; or

(2) that the defendant in good faith took reasonable steps, whether successful or not, to destroy or eliminate the depiction. (Added 1999, No. 122 (Adj. Sess.), § 5; amended 2019, No. 132 (Adj. Sess.), § 1.)

Notes of Decisions

Cited in 11 cases (3 in the last 5 years), 2002–2023 · leading case: In re Kirby, 2012 VT 72 (Vt. 2012).

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In re Kirby, 2012 VT 72 (Vt. 2012). · cites it 6× “Petitioner was charged under 13 V.S.A. § 2827(a), which states that “[n]o person shall, with knowledge of the character and content, possess any photograph, film or visual depiction, including any depiction which is stored electronically, of sexual conduct by a child or of a…”

Commonwealth v. Davidson, 938 A.2d 198 (Pa. 2007). · cites it 2× “§ 76-5a-3; VT. STAT. ANN. tit. 13, § 2827; VA.CODE § 18.”

State v. Thompson, 807 A.2d 454 (Vt. 2002). · cites it 2× “In July 2001, defendant Stoddert was charged with possession of child pornography in violation of 13 V.S.A. § 2827. Pursuant to a plea agreement, Stoddert pled guilty that same month, and the court deferred sentencing for three years pursuant to 13 V.”

In re Appeal of M.V., 2022 VT 31 (Vt. 2022). · cites it 3× “In November 2019, petitioner pleaded guilty to two counts of possession of child pornography, one for each photograph he downloaded from a social-media platform, in violation of 13 V.S.A. § 2827(a). He signed a plea agreement that imposed consecutive sentences resulting in a…”

Fraser v. Sleeper, 933 A.2d 246 (Vt. 2007). “§ 5401(10)(B)(v), and includes possession of child pornography as set out in 13 V.S.A. § 2827. The child pornography possession statute provides: (a) No person shall, with knowledge of the character and content, possess any photograph, film or visual depiction, including any…”

State v. Jason Muxlow, 2023 VT 27 (Vt. 2023). “Defendant was arrested in October 2021 and charged with five counts of possession of child pornography under 13 V.S.A. § 2827(a). In the same month, the criminal division imposed conditions of release, including monetary bail.”

Fraser v. Sleeper, 933 A.2d 246 (Vt. 2007). “§ 5401(10)(B)(v), and includes possession of child pornography as set out in 13 V.S.A. § 2827. The child pornography possession statute provides: (a) No person shall, with knowledge of the character and content, possess any photograph, film or visual depiction, including any…”

State v. Denzel Lafayette, 2021 VT 38 (Vt. 2021). “§ 2828(a), possessing child sex abuse material, 13 V.S.A. § 2827(a), and carrying a dangerous weapon while committing a felony, 13 V.”

Fraser v. Sleeper (Vt. Super. Ct. 2005). · cites it 3× “§§ 5401(10)(B)(v), and 13 V.S.A. § 2827. Fraser did register as a sex offender in Vermont.”

State v. Jeffrey Brandt (Vt. 2013). “” A two-day jury trial was held in October 2011. The evidence adduced at trial may be summarized as follows.”

Rutland Herald v. City of Rutland (Vt. Super. Ct. 2010). “See 13 V.S.A. § 2827. Therefore, public release of such images is not proper.”

— Vt. Stat. Ann. tit. 13, § 2827(a) — 6 cases

In re Kirby, 2012 VT 72 (Vt. 2012). “Petitioner was charged under 13 V.S.A. § 2827(a), which states that “[n]o person shall, with knowledge of the character and content, possess any photograph, film or visual depiction, including any depiction which is stored electronically, of sexual conduct by a child or of a…”

In re Appeal of M.V., 2022 VT 31 (Vt. 2022). “In November 2019, petitioner pleaded guilty to two counts of possession of child pornography, one for each photograph he downloaded from a social-media platform, in violation of 13 V.S.A. § 2827(a). He signed a plea agreement that imposed consecutive sentences resulting in a…”

State v. Jason Muxlow, 2023 VT 27 (Vt. 2023). “Defendant was arrested in October 2021 and charged with five counts of possession of child pornography under 13 V.S.A. § 2827(a). In the same month, the criminal division imposed conditions of release, including monetary bail.”

State v. Denzel Lafayette, 2021 VT 38 (Vt. 2021). “§ 2828(a), possessing child sex abuse material, 13 V.S.A. § 2827(a), and carrying a dangerous weapon while committing a felony, 13 V.”

State v. Jeffrey Brandt (Vt. 2013). “” A two-day jury trial was held in October 2011. The evidence adduced at trial may be summarized as follows.”

— Vt. Stat. Ann. tit. 13, § 2827(c) — 1 case

Fraser v. Sleeper (Vt. Super. Ct. 2005). “§§ 5401(10)(B)(v), and 13 V.S.A. § 2827. Fraser did register as a sex offender in Vermont.”

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